Although life-changing, catastrophic injuries do not get special treatment, and the law treats them like any other personal injury case. Despite this, catastrophic harm is significantly different from other afflictions. With most injuries, an injured person experiences temporary pain and suffering, a recovery period, and time away from work.
In contrast, catastrophic injuries can have a permanent impact on an individual’s quality of life. They can affect physical, cognitive, or mental capability, and impair someone’s ability to return to work or enjoy certain aspects of living. Injuries of this caliber often result in substantial financial losses, including the lifelong costs of medical care, caregivers, accessible housing or vehicles, and lost wages.
A Pennsylvania catastrophic injury lawyer can help you get the compensation you deserve to ease the impact of serious harm. Your time to file is limited, so get in touch with our team of hardworking personal injury attorneys today.
Defining Catastrophic Injuries
The law does not explicitly define traumatic injuries, which means juries have the primary say when determining if an affliction counts as severe. This can be a good or bad thing, depending on whether the jury can understand the victim’s harms and losses. Still, plaintiffs can benefit from this because it allows them to demonstrate why their harm is catastrophic.
It is critical to establish how and why an injury is a catastrophe, being more than inconvenient or painful. This can be done by showing the division of a person’s life pre- and post-accident, and how dramatically the harm changed their way of living.
Causes of Catastrophic Injuries
Auto wrecks are among the primary causes of traumatic injuries due to their high speeds, but nearly any accident can lead to a severe outcome. For instance, slip and falls, which seem much less hazardous, are known to cause brain damage. Other frequent causes of catastrophic injuries include:
- Medical malpractice
- Motorcycle and bike crashes
- Pedestrian collisions
- Workplace accidents
- Premise liability
- Product defects
- Nursing home abuse
It is essential to keep in mind that the designation of “catastrophic” is not about the accident type but rather its impact. A catastrophic injury lawyer in Pennsylvania can assess individual cases and advise whether they qualify.
Examples of Catastrophic Injuries
The most obvious effects of an accident are on a person’s physical being, such as losing the ability to walk. However, mental health injuries from a distressing incident can also qualify as catastrophic. Some examples of potentially life-changing harm include:
- Crush injuries
- Amputation
- Loss of vision or hearing
- Severe burns
- Spinal cord damage
- Paralysis
- Traumatic brain injuries (TBIs)
- Post-traumatic stress disorder (PTSD)
If this injury means the plaintiff will be disabled, or require lifelong medical care or physical assistance, all of those future expenses should be included in the request for damages.
Comparative Negligence and Catastrophic Injuries
Under 42 Pennsylvania Rule of Civil Procedure § 7102, the courts will determine fault using a comparative negligence model. If an injured person is more than 50 percent liable for their own injuries, they cannot recover.
That said, defendants may be jointly and severally liable for the damages if they have greater responsibility. As a result, even if a complainant is more at fault than a specific defendant, they may be able to obtain compensation.
In addition, the share of liability impacts the potential amount for damages. A person cannot recover a higher percentage than the combined fault of the other parties. In other words, if a plaintiff is awarded damages when they were 10 percent at fault for an accident, then their damages award will be reduced by 10 percent.
Speak to Our Catastrophic Injury Attorneys in Pennsylvania Today
Recovering from a severe injury and adjusting your new lifestyle can be overwhelming, and it is easy to be tempted to accept an insurance company’s lowball settlement offer. However, catastrophic harm can be extremely costly and comes with lifelong expenses that an upfront amount likely will not cover.
When you suffer a traumatic accident, a Pennsylvania catastrophic injury lawyer may be able to help. We will fight to get you the compensation you need to live as comfortably as you can. Get in touch with our team today to schedule your initial free consultation.
